Western Australian Current Acts Western Australian Current Acts (1) In this section
—
firearms order means —
(a) an
FVRO or VRO; or
(b) an
MRO that prohibits a person from being in possession of a firearm item;
responsible person means, in relation to a
restrained person who uses or has access to a firearm item in the course of
that person’s usual occupation, the person who holds a firearms
authorisation (or the equivalent under a law of another State or Territory)
for that firearm item, or if there is no such person —
(a) if
the restrained person is a police officer or a member of an armed force
— the officer in command of that police force or armed force in the
State or Territory where the restrained person is based; or
(b) if
the restrained person is otherwise employed or engaged by an employing
authority, as defined in the Public Sector Management Act 1994 , (or an
equivalent body for the purposes of a corresponding law of another State, a
Territory or the Commonwealth) — that employing authority (or equivalent
body); or
(c) in
any other case — the person by whom the restrained person is employed or
engaged;
restrained person means the person bound by a
firearms order.
(2) A person who
personally or orally serves a firearms order must —
(a) ask
the restrained person —
(i)
whether the person uses or has access to any firearm
items in the course of the restrained person’s usual occupation; and
(ii)
if so, the name and business address of the responsible
person; and
(iii)
whether the person and another person (the co-licensee )
hold firearms authorisations in respect of the same firearm item; and
(iv)
if so, the name and address of the co-licensee;
and
(b)
complete the relevant part of the police copy of the order in accordance with
the response given by the restrained person to those questions; and
(c) tell
the restrained person that the responsible person will be notified that the
order has been made.
(3) A restrained
person who fails to answer, or gives a false answer to, a question asked under
subsection (2)(a) commits an offence.
Penalty for this subsection: a fine of $2 000 or
imprisonment for 9 months.
(4) On receipt of a
police copy of an order that indicates that the restrained person uses or has
access to a firearm item in the course of the restrained person’s usual
occupation or holds a firearms authorisation in respect of a firearm item for
which a co-licensee also holds a firearms authorisation the Commissioner of
Police is to promptly notify the responsible person or co-licensee, as the
case requires —
(a) that
a restraining order has been made against the restrained person; and
(b) that
the order prohibits the restrained person from being in possession of a
firearm item (or if the court acted under section 14(5), that the restrained
person is prohibited from being in possession of a firearm item other than on
the conditions specified by the court under that section); and
(c) of
the duration of the order; and
(d) that
it is an offence for the responsible person or co-licensee to allow the
restrained person to use or have access to a firearm item in contravention of
the order.
(5) When the
Commissioner of Police receives the police copy of a firearms order that
—
(a) has
been served on the restrained person by post; and
(b) is a
final order which was preceded by an interim order in relation to which the
responsible person or co-licensee was notified under subsection (4),
the Commissioner of
Police is to promptly notify the responsible person or co-licensee of the
matters set out in subsection (4).
(6) A responsible
person or co-licensee notified under subsection (4) or (5) who allows the
restrained person to use or have access to a firearm item, except as permitted
under the firearms order, commits an offence.
Penalty for this subsection:
(a) in
the case of a responsible person — a fine of $4 000;
(b) in
the case of a co-licensee — a fine of $4 000 or imprisonment for 12
months.
[Section 71 amended: No. 50 of 2003 s. 90(3); No.
49 of 2016 s. 78; No. 13 of 2022 s. 80 and 81.]